Equality Act 2010 Explanatory Notes

Section 8: Marriage and civil partnership
Effect

44.This section defines the protected characteristic of marriage and civil partnership. People who are not married or civil partners do not have this characteristic.

45.The section also explains that people who have or share the common characteristics of being married or of being a civil partner can be described as being in a marriage or civil partnership. A married man and a woman in a civil partnership both share the protected characteristic of marriage and civil partnership.

Background

46.This section replaces similar provisions in the Sex Discrimination Act 1975.

Examples
  • A person who is engaged to be married is not married and therefore does not have this protected characteristic.

  • A divorcee or a person whose civil partnership has been dissolved is not married or in a civil partnership and therefore does not have this protected characteristic.

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